What Is Comparative Negligence?
Nevada follows a modified comparative negligence system under NRS 41.141. This means that if you are partially at fault for the accident that caused your injuries, your compensation is reduced by your percentage of fault — but only if your fault is less than 50%.
The 50% Bar Rule
If you are found to be 50% or more at fault, you are barred from recovering any compensation. For example:
- You are 20% at fault → Your award is reduced by 20%
- You are 49% at fault → Your award is reduced by 49%
- You are 50% or more at fault → You recover nothing
How Fault Is Determined
Insurance adjusters, judges, and juries consider evidence such as police reports, witness testimony, traffic camera footage, and expert accident reconstruction to assign fault percentages. Insurance companies routinely try to shift blame onto the injured party to reduce their payout.
Why Legal Representation Matters
Having an experienced personal injury attorney like Eric Woods is crucial when the other side attempts to blame you for the accident. Eric investigates every case thoroughly, gathers evidence to disprove false fault claims, and fights to maximize your recovery.
Injured in Las Vegas? Get a Free Consultation
Attorney Eric H. Woods has over 40 years of experience fighting for personal injury victims in Nevada. No fee unless we win your case.